Department of Homeland Security 2011 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities: Proposed Collection; Comment Request; PrepCAST
The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed revision of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning revision of the Preparedness Comprehensive Assessment Support Tool (PrepCAST) (formerly known as the National Incident Management System Compliance Assistance Support Tool (NIMSCAST)). PrepCAST is a self-assessment tool for State, territorial, Tribal, and local governments to evaluate and report on their jurisdiction's achievement with regard to the National Incident Management System (NIMS) implementation activities relating to the preparedness of the respondent to react to emergency incidents. This information collection request is being resubmitted to remove the State Preparedness Report (SPR) from the PrepCAST data collection activity. The SPR will be resubmitted as a separate collection of information for OMB approval.
Extension of the Designation of Sudan for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation for Sudanese TPS Beneficiaries
This Notice announces that the Secretary of Homeland Security (Secretary) has extended the designation of Sudan for temporary protected status (TPS) for 18 months from its current expiration date of November 2, 2011 through May 2, 2013. The Secretary has determined that an extension is warranted because the conditions in Sudan that prompted the TPS designation continue to be met. There continues to be a substantial, but temporary, disruption of living conditions in Sudan based upon ongoing armed conflict and extraordinary and temporary conditions in that country that prevent Sudanese who now have TPS from returning in safety. This Notice also sets forth procedures necessary for nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) with TPS to re-register and to apply for an extension of their Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS). Re-registration is limited to persons who previously registered for TPS under the designation of Sudan and whose applications have been granted or remain pending. Certain nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions. USCIS will issue new EADs with a May 2, 2013 expiration date to eligible Sudanese TPS beneficiaries who timely re-register and apply for EADs under this extension. Given the timeframes involved with processing TPS re-registration applications, DHS recognizes that all re-registrants may not receive new EADs until after their current EADs expire on November 2, 2011. Accordingly, this Notice automatically extends the validity of EADs issued under the TPS designation of Sudan for 6 months, through May 2, 2012, and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended and how the extension affects employment eligibility verification (Form I-9 and E-Verify) processes. In a separate Federal Register Notice issued on October 13, 2011, the Secretary designated the newly formed Republic of South Sudan for TPS. Some individuals who are TPS beneficiaries under the current designation of Sudan may now be nationals of South Sudan, calling into question their continued eligibility for TPS under the Sudan designation. These individuals may, however, now qualify for TPS under South Sudan. The South Sudan Notice sets forth regular procedures and special procedures necessary for nationals of South Sudan (or aliens having no nationality who last habitually resided in the region that is now South Sudan) to register and to apply for TPS and EADs with USCIS.
Designation of Republic of South Sudan for Temporary Protected Status
This Notice announces that the Secretary of Homeland Security (Secretary) has designated the Republic of South Sudan (South Sudan) for Temporary Protected Status (TPS) for a period of 18 months, effective November 3, 2011 through May 2, 2013. Under section 244(b)(1) of the Immigration and Nationality Act (INA), the Secretary is authorized to grant TPS to eligible nationals of designated foreign states or parts of such states (or to eligible aliens having no nationality who last habitually resided in such states) upon finding that such states are experiencing ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions that prevent nationals from returning safely. This designation allows eligible South Sudan nationals (and aliens having no nationality who last habitually resided in the region that is now South Sudan) who have continuously resided in the United States since October 7, 2004 to obtain TPS. In addition to demonstrating continuous residence in the United States since October 7, 2004, applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since November 3, 2011, the effective date of the designation of South Sudan. The Secretary has established November 3, 2011, as the effective date so that the 18-month designation of South Sudan will coincide with the 18-month extension period of TPS for Sudan, which is also being announced today. Although November 3, 2011, is a future date, applicants may begin applying for TPS immediately. This designation is unique because on July 9, 2011, South Sudan became a new nation and independent from the Republic of Sudan, which has been designated for TPS since 1997. Some individuals who are TPS beneficiaries under the current designation of Sudan may now be nationals of South Sudan, calling into question their continued eligibility for TPS under the Sudan designation. These individuals may, however, now qualify for TPS under the South Sudan designation. This Notice sets forth regular procedures and special procedures necessary for nationals of South Sudan (or aliens having no nationality who last habitually resided in the region that is now South Sudan) to register and to apply for TPS and Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS). Given the timeframes involved with processing TPS applications, the Department of Homeland Security (DHS) recognizes that individuals who have EADs under Sudan TPS that expire November 2, 2011 may not receive new EADs under South Sudan TPS until after their current EADs expire. Accordingly, the validity of EADs issued under the TPS designation of Sudan has been automatically extended for 6 months, through May 2, 2012. This automatic extension includes individuals who are now applying for TPS under the designation of South Sudan but were granted TPS and were issued an EAD under the Sudan designation. This Notice explains how TPS beneficiaries and their employers may determine which EADs are automatically extended and how the extension affects employment eligibility verification (Form I-9 and E-Verify) processes. This Notice also describes examples of acceptable evidence of South Sudanese nationality required for TPS registration under the South Sudan designation.
Security Zone; Columbia and Willamette Rivers, Dredge Vessels Patriot and Liberty
The Coast Guard is establishing a temporary security zone within 200 yards of the Dredge Vessels Patriot and Liberty while the vessels are underway, anchored, or conducting dredging operations in the vicinity of Willamette River Mile 2 and Columbia River Mile 105. Entry into this zone is prohibited unless authorized by the Captain of the Port, Columbia River or his designated representative. The Coast Guard is establishing this temporary security zone around the vessels to provide security during operations and this will be done so by prohibiting all persons or vessels from operating within 200 yards of the vessel.
Information Collection Requests to Office of Management and Budget
In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit Information Collection Requests (ICRs) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of revisions to the following collections of information: 1625-0034, Ships' Stores Certification for Hazardous Materials Aboard Ships; and 1625-0043, Ports and Waterways SafetyTitle 33 CFR Subchapter P. Our ICRs describe the information we seek to collect from the public. Before submitting these ICRs to OIRA, the Coast Guard is inviting comments as described below.
Preliminary Damage Assessment for Individual Assistance Operations Manual (9327.2-PR)
The Federal Emergency Management Agency (FEMA) is accepting comments on the draft Preliminary Damage Assessment for Individual Assistance Operations Manual (9327.2-PR).
Maryland; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of New York (FEMA-4031-DR), dated September 13, 2011, and related determinations.
Maine; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Maine (FEMA-4032-DR), dated September 13, 2011, and related determinations.
Virginia; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the Commonwealth of Virginia (FEMA-4024-DR), dated September 3, 2011, and related determinations.
Texas; Amendment No. 6 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-4029-DR), dated September 9, 2011, and related determinations.
New York; Amendment No. 5 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of New York (FEMA-4031-DR), dated September 13, 2011, and related determinations.
Puerto Rico; Amendment No. 4 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the Commonwealth of Puerto Rico (FEMA-4017-DR), dated August 27, 2011, and related determinations.
Special Local Regulations; Recurring Marine Events in the Fifth Coast Guard District
The Coast Guard proposes to revise the list of special local regulations established for recurring marine events at various locations within the Fifth Coast Guard District. This proposed rule would add 6 new annual recurring marine events, change event date(s) for 12 previously established events, and delete 4 previously listed marine events. Special local regulations are being proposed to provide for the safety of life on navigable waters during these events, reduce the Coast Guard's administrative workload and expedite public notification of events. Entry into or movement within these proposed regulated areas during the enforcement periods is prohibited without approval of the appropriate Captain of the Port.
Safety Zone; The Old Club Cannonade, Lake St. Clair, Muscamoot Bay, Harsens Island, MI
The Coast Guard is establishing a temporary safety zone on Lake St. Clair, Muscamoot Bay, Harsens Island, MI. This safety zone is intended to restrict vessels from a portion of Lake St. Clair during the Cannonade event.
Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL
The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and Ship Canal from Mile Marker 295.7 to Mile Marker 297.0 daily from 7:30 a.m. through 10:30 a.m. on October 24-25, 2011 and from 8 a.m. through 6 p.m. on October 26, 2011. This action is necessary to protect the waterways, waterway users, and vessels from hazards associated with the Illinois Department of Natural Resources' fish suppression operations to clear all fish between barrier IIA and IIB, in conjunction with the U.S. Army Corps of Engineers' scheduled maintenance shutdown of Barrier IIB. During the enforcement period, entry into, transiting, mooring, laying-up or anchoring within the enforced area of this safety zone by any person or vessel is prohibited unless authorized by the Captain of the Port, Sector Lake Michigan, or his or her designated representative.
Supplemental Standards of Ethical Conduct for Employees of the Department of Homeland Security
The Department of Homeland Security (DHS), with the concurrence of the Office of Government Ethics (OGE), is proposing supplemental standards of ethical conduct for DHS employees. The proposed regulations would supplement the OGE Standards of Ethical Conduct for Employees of the Executive Branch (OGE Standards) and, among other things, would set forth employee restrictions on the purchase of certain Government-owned property, require employees to report allegations of waste, fraud, and abuse, require employees to seek prior approval for certain outside employment and activities, prohibit employees in some DHS components from engaging in certain types of outside employment and activities, require designated components to develop instructions regarding the procedures for obtaining prior approval for outside employment and activities, and designate components within DHS as a separate agency for purposes of determining whether the donor of a gift is a ``prohibited source'' and of identifying an employee's agency for the regulations governing teaching, speaking, and writing.
Security Zones; Captain of the Port Lake Michigan Zone
Based on a review of safety and security zones around critical infrastructure in the Chicago area, the Captain of the Port Sector Lake Michigan has determined that to better protect such infrastructure, while also mitigating burdens on waterway users, it is necessary to amend the Lake Michigan at Chicago Harbor & Burnham Park HarborSafety and Security Zone regulation and the Security Zones; Captain of the Port Lake Michigan regulation. Specifically, the Coast Guard is amending these two regulations to reduce the size of an existing security zone, disestablish another security zone, and create three new security zones.
Extension of Agency Information Collection Activity Under OMB Review: Critical Facility Information of the Top 100 Most Critical Pipelines
This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0050, abstracted below to OMB for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period, soliciting comments of the following collection of information on June 16, 2011, 76 FR 35229. The 9/11 Act required TSA to develop and implement a plan to inspect critical pipeline systems.
National Offshore Safety Advisory Committee
The National Offshore Safety Advisory Committee (NOSAC) will meet on November 15, 2011, in Houston, Texas to discuss various issues related to safety of operations and other matters affecting the oil and gas offshore industry. The meeting will be open to the public.
Lifesaving Equipment: Production Testing and Harmonization With International Standards
The Coast Guard is amending its regulations for certain lifesaving equipment, including launching appliances (winches and davits), release mechanisms, survival craft (lifeboats, inflatable liferafts, and inflatable buoyant apparatuses), rescue boats, and automatic disengaging devices. The amended regulations harmonize the Coast Guard's design, construction, and performance standards for this lifesaving equipment with international standards. In addition, the regulations provide for the use of qualified independent laboratories, instead of Coast Guard inspectors, during the approval process and for production inspections of certain types of lifesaving equipment. Because the International Maritime Organization (IMO) has recently changed its international standards for lifeboat release mechanisms, the Coast Guard is issuing these amended regulations as an interim rule and will finalize the regulations after proposing amendments as necessary to address the recent IMO changes regarding release mechanisms. Additionally, recent IMO action modified the international standards for liferafts, and the Coast Guard is proposing new changes to its regulations to implement the modified international standards. The Coast Guard is publishing the proposal regarding liferafts separately in the Proposed Rules section of this issue of the Federal Register.
Lifesaving Equipment: Production Testing and Harmonization With International Standards
The Coast Guard proposes to amend the interim rule addressing lifesaving equipment published in this same issue of the Federal Register to harmonize Coast Guard regulations for inflatable liferafts and inflatable buoyant apparatuses with recently adopted international standards affecting capacity requirements for such lifesaving equipment. The Coast Guard seeks comments on this proposal.
Special Local Regulations; Line of Sail Marine Parade, East River and Brunswick River, Brunswick, GA
The Coast Guard is establishing special local regulations on the waters of the East River and the Brunswick River in Brunswick, Georgia during the Line of Sail Marine Parade on Saturday, October 8, 2011. The marine parade will consist of approximately 10 to 20 vessels. The marine parade will begin at Brunswick Landing Marina. From Brunswick Landing Marina, the marine parade will transit southeast on the East River, head east on the Brunswick River, and then turn around at St. Simons Pier. The marine parade will then return to Brunswick Landing Marina by the same route. These special local regulations are necessary to provide for the safety of life on navigable waters during the marine parade. The special local regulations consist of a series of moving buffer zones around participant vessels as they transit from Brunswick Landing Marina to St. Simons Pier and back. Persons and vessels that are not participating in the marine parade are prohibited from entering, transiting through, anchoring in, or remaining within any of the buffer zones unless authorized by the Captain of the Port Savannah or a designated representative.
Ammonium Nitrate Security Program
The National Protection and Programs Directorate of the Department of Homeland Security is announcing a series of public meetings to consult with the public on a notice of proposed rulemaking (NPRM), entitled ``Ammonium Nitrate Security Program,'' which was published in the Federal Register on August 3, 2011. Under the proposed rule, the Department of Homeland Security would regulate the sale and transfer of ammonium nitrate pursuant to section 563 of the Fiscal Year 2008 Department of Homeland Security Appropriations Act with the purpose of preventing the use of ammonium nitrate in an act of terrorism. The Department seeks public input on the proposed rule, particularly input regarding the questions and issues raised in the NPRM and raised in this notice of public meetings. Dates, Times, and Locations: Public meetings are scheduled to be held on the following dates at the following locations.
Notice of Issuance of Final Determination Concerning Certain Ethernet Switches
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain Ethernet switches. Based upon the facts presented, CBP has concluded that the programming operations performed in the United States, using U.S.-origin software, substantially transform the non-TAA country switches. Therefore, the country of origin of the switches is the United States for purposes of U.S. Government procurement.
Agency Information Collection Activities: Proposed Collection; Comment Request, OMB No. 1660-0002; Disaster Assistance Registration
The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed revision of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the Disaster Assistance Registration process.
Safety Zone; Rotary Club of Fort Lauderdale New River Raft Race, New River, Fort Lauderdale, FL
The Coast Guard is establishing a temporary safety zone on the waters of the New River, from Esplanade Park to the Henry Kinney Tunnel, in Fort Lauderdale, Florida during the Rotary Club of Fort Lauderdale New River Raft Race. The race is scheduled to take place on Saturday, November 19, 2011. The temporary safety zone is necessary for the safety of race participants, participant vessels, spectators, and the general public during the 550 yard raft race. Persons and vessels would be prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Miami or a designated representative.
Cook Inlet Regional Citizens' Advisory Council (CIRCAC) Charter Renewal
The purpose of this notice is to inform the public that the Coast Guard has recertified the Cook Inlet Regional Citizens' Advisory Council (CIRCAC) as an alternative voluntary advisory group for Cook Inlet, Alaska. This certification allows the CIRCAC to monitor the activities of terminal facilities and crude oil tankers under the Cook Inlet Program established by statute.
Collection of Information Under Review by Office of Management and Budget
In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision to the following collection of information: 1625-0018, Official Logbook. Our ICR describes the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.
Collection of Information Under Review by Office of Management and Budget
In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding Information Collection Requests (ICRs), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision to the following collections of information: 1625-0001, Marine Casualty Information & Periodic Chemical Drug and Alcohol Testing of Commercial Vessel Personnel; 1625-0013, Plan Approval and Records for Load LinesTitle 46 CFR Subchapter E.; 1625-0097, Plan Approval and Records for Marine Engineering Systems46 CFR Subchapter F; and 1625- 0101, Periodic Gauging and Engineering Analyses for Certain Tank Vessels Over 30 Years Old. Our ICRs describe the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.
Information Collection Request to Office of Management and Budget
In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting an extension of its approval for the following collection of information: 1625-0004, United States Coast Guard Academy Application and Supplemental Forms. Our ICR describe the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.
North Carolina; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of North Carolina (FEMA-4019-DR), dated August 31, 2011, and related determinations.
Agency Information Collection Activities: Entry and Manifest of Merchandise Free of Duty, Carrier's Certificate and Release
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Entry and Manifest of Merchandise Free of Duty, Carrier's Certificate and Release (CBP Form 7523). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Suspension of Community Eligibility
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Pennsylvania; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Pennsylvania (FEMA-4030-DR), dated September 12, 2011, and related determinations.
New Hampshire; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of New Hampshire (FEMA-4026-DR), dated September 3, 2011, and related determinations.
Proposed Flood Elevation Determinations
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this proposed rule is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Security Zones, 2011 Asia-Pacific Economic Cooperation Conference, Oahu, HI
The Coast Guard is establishing four temporary security zones on the navigable waters of Oahu's southern and western shores in support of the Asia-Pacific Economic Cooperation (APEC) conference in Oahu, Hawaii. The establishment of these security zones is necessary to ensure the safety of all APEC attendees to include the President of the United States, as well as numerous foreign dignitaries and senior government officials. Entry into the temporary security zones established by this rule is prohibited unless authorized by the Coast Guard Captain of the Port, Honolulu, or her designated representatives.
Great Lakes Pilotage Advisory Committee
The Coast Guard published in the Federal Register of October 4, 2011, a notice announcing a Great Lakes Pilotage Advisory Committee (GLPAC) public meeting on October 18, 2011, in Washington, District of Columbia. This notice corrects that previous notice to add an explanation for why 15-days advance notice was not given.
Safety Zones; Fireworks Displays in Captain of the Port Long Island Sound Zone
The Coast Guard is establishing safety zones for Fireworks displays within the Captain of the Port (COTP) Long Island Sound Zone. This action is necessary to provide for the safety of life on navigable waters during these events. Entry into, transit through, mooring or anchoring within these zones is prohibited unless authorized by the COTP Sector Long Island Sound.
Potential Closing of Morses Line Border Crossing
U.S. Customs and Border Protection (CBP) currently operates a border crossing known as Morses Line, Vermont, located within the port limits of the port of entry of Highgate Springs/Alburg, Vermont. CBP officers are stationed at the Morses Line border crossing to accept entries of merchandise, collect duties, and enforce various provisions of the customs and immigration laws. The Morses Line border crossing is an aging facility that requires extensive upgrades and significant financial resources to update the facility to today's modern standards of border crossings. Based on internal analyses, feedback from many individuals in the local community, and consultation with members of Congress, CBP is evaluating the potential closure of the Morses Line border crossing. CBP is seeking public comment on this potential closure.
Texas; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Texas (FEMA-4029-DR), dated September 9, 2011, and related determinations.
Massachusetts; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Massachusetts (FEMA-4028-DR), dated September 3, 2011, and related determinations.
Rhode Island; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Rhode Island (FEMA-4027-DR), dated September 3, 2011, and related determinations.
Pennsylvania; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Pennsylvania (FEMA-4025-DR), dated September 3, 2011, and related determinations.
New York; Emergency and Related Determinations
This is a notice of the Presidential declaration of an emergency for the State of New York (FEMA-3341-EM), dated September 8, 2011, and related determinations.
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